Research On The Legal Regulation Path Of Administrative Emergency Power Under Emergenc

With the development of society,various public emergencies are also increasing,resulting in various tensions in social relations,leading to social development entering a de facto emergency state,posing a significant challenge to China’s emergency management work.Although China’s emergency legal system developed rapidly after the SARS epidemic in 2003,and many legal norms have been formulated based on the emerging public emergencies,providing an effective operation model for the administrative emergency power,there are still some unsatisfactory issues in the operation of the administrative emergency power,such as the easy infringement of civil rights by the administrative emergency power The unclear rights and responsibilities of the subject exercising the administrative emergency power and the contradiction in the legal basis of the administrative emergency power have hindered the development of the construction of a government ruled by law in China.Therefore,this article places the administrative emergency power under the emergency caused by public emergencies,clarifies the applicable objects of the administrative emergency power through the analysis of the emergency state,and explores a path that can standardize the exercise of the administrative emergency power on the premise of ensuring the realization of the efficiency goal of the administrative emergency power from the perspective of the internal elements of the administrative emergency power.In addition to the introduction and conclusion,this article is divided into four parts:The first part firstly sorts out the concept of "emergency state" commonly used in emergency practice,clarifies the nature and characteristics of emergency state,and thus clarifies the applicable objects of administrative emergency power;Secondly,the concept of administrative emergency power is analyzed,and the characteristics and types of administrative emergency power are summarized;Finally,summarize the relationship between emergency state and administrative emergency power,and clarify the premise for subsequent chapters.The second part demonstrates the feasibility of regulating the administrative emergency power through the combination of theoretical basis and practical conditions through the summary of previous theoretical theories on regulating the administrative emergency power and the current practical situation of various state organs in China in regulating the administrative emergency power.That is,various conditions for regulating the administrative emergency power are available.The third part summarizes many problems that arise in the practice of administrative emergency power and analyzes the reasons for the problems.In this section,the author combines the social events that have received significant public response under previous emergency situations,explores the prominent issues of administrative emergency power in China from different perspectives,summarizes the root causes of the problems,and points out that these issues are affected by the current emergency legal system,emergency legal principles,and the protection of civil rights and interests in China.The fourth part proposes the assumption of regulating the path of administrative emergency power in China.Based on the research in the third part,it is believed that the regulation of administrative emergency power should adopt the approach of combining substantive rule of law with formal rule of law,which should not only follow the necessary principles of emergency rule of law,but also continuously improve system construction based on specific issues.Moreover,it is necessary to make forward-looking arrangements for the construction of administrative emergency power in combination with national policy trends and strategic development concepts.I hope to explore such a path to provide inspiration and assistance for the standardized development of administrative emergency power.